Commission Regulation (EC) No 2245/2002Show full title

Article 23 U.K. Transfer

1. An application for registration of a transfer pursuant to Article 28 of Regulation (EC) No 6/2002 shall contain:

(a) the registration number of the Community design;

(b) particulars of the new holder in accordance with Article 1(1)(b);

(c) where not all of the designs covered by a multiple registration are included in the transfer, particulars of the registered designs to which the transfer relates;

(d) documents duly establishing the transfer.

2. The application may contain, where applicable, the name and business address of the representative of the new holder, to be set out in accordance with Article 1(1)(e).

3. The application shall not be deemed to have been filed until the required fee has been paid. If the fee is not paid or is not paid in full, the Office shall notify the applicant accordingly.

4. The following shall constitute sufficient proof of transfer under paragraph 1(d):

(a) the application for registration of the transfer is signed by the registered holder or his/her representative and by the successor in title or his/her representative; or

(b) the application, if submitted by the successor in title, is accompanied by a declaration, signed by the registered holder or his/her representative, that he/she agrees to the registration of the successor in title; or

(c) the application is accompanied by a completed transfer form or document, signed by the registered holder or his/her representative and by the successor in title or his/her representative.

5. Where the conditions applicable to the registration of a transfer are not fulfilled, the Office shall notify the applicant of the deficiencies.

If the deficiencies are not remedied within the time limit specified by the Office, it shall reject the application for registration of the transfer.

6. A single application for registration of a transfer may be submitted for two or more registered Community designs, provided that the registered holder and the successor in title are the same in each case.

7. Paragraphs 1 to 6 shall apply mutatis mutandis to the transfer of applications for registered Community designs. The transfer shall be recorded in the files kept by the Office concerning the Community design application.